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Law General

Territory and Power in Constitutional Transitions

edited by George Anderson & Sujit Choudhry

Publisher
Oxford University Press
Initial publish date
Apr 2019
Category
General
  • Hardback

    ISBN
    9780198836544
    Publish Date
    Apr 2019
    List Price
    $140.00

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Description

This collection of essays surveys the full range of challenges that territorial conflicts pose for constitution-making processes and constitutional design. It provides seventeen in-depth case studies of countries going through periods of intense constitutional engagement in a variety of contexts: small distinct territories, bi-communal countries, highly diverse countries with many politically salient regions, and countries where territorial politics is important but secondary to other bases for political mobilization. Specific examples are drawn from Iraq, Kenya, Cyprus, Nigeria, South Africa, Sri Lanka, the UK (Scotland), Ukraine, Bolivia, India, Spain, Yemen, Nepal, Ethiopia, Indonesia (Aceh), the Philippines (Mindanao), and Bosnia-Herzegovina.

While the volume draws significant normative conclusions, it is based on a realist view of the complexity of territorial and other political cleavages (the country's "political geometry"), and the power configurations that lead into periods of constitutional engagement. Thematic chapters on constitution-making processes and constitutional design draw original conclusions from the comparative analysis of the case studies and relate these to the existing literature, both in political science and comparative constitutional law. This volume is essential reading for scholars of federalism, consociational power-sharing arrangements, asymmetrical devolution, and devolution more generally. The combination of in-depth case studies and broad thematic analysis allows for analytical and normative conclusions that will be of major relevance to practitioners and advisors engaged in constitutional design.

About the authors

George Anderson's profile page

Sujit Choudhry is an associate professor in the Faculty of Law and the Department of Political Science at the University of Toronto.

Sujit Choudhry's profile page

Editorial Reviews

"This collection is highly impressive in both its breadth and depth. Local knowledge and theoretical sophistication combine to make this essential reading for scholars and practitioners interested in constitutions, federalism, territorial cleavages, and peace. The synthetic conclusion shows just how far we can advance knowledge through collaboration across national and disciplinary boundaries. We need more studies like this."

--Nancy Bermeo, Professor Emeritus, Princeton University and Nuffield Professor of Comparative Politics Emeritus, University of Oxford

"This volume provides a path-breaking analysis of seventeen recent and ongoing conflicts rooted in territorial identity, providing building blocks for academic theorists and wise counsel to practitioners. The case studies cover a vast range of conflicts, from the Scottish nationalists' peaceful efforts to secure independence from the United Kingdom to the collapse of negotiations in Yemen that has degenerated into horrific civil war. Despite the variety of circumstances, however, the volume provides the basis for useful generalization through its focus on how territorial interests are mobilized by geography, political history, and power. By showing how constitutional design can sometimes succeed despite intense mobilization of territorial interests, the volume provides both hope and essential reading for anyone seeking a peaceful, stable, and fair outcome to territorially divided societies."

--Roderick M. Hills Jr., William T. Comfort III Professor of Law, New York University School of Law

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